MEMORANDUM

TO: Pete Sprague, Assembly President

Members, Kenai Peninsula Borough Assembly

THRU: Dale Bagley, Mayor

FROM: Colette Thompson, Borough Attorney

DATE: March 4, 2004

SUBJECT: Ordinance 2004-05, amending Chapter 5.12 of the borough code by revising procedures for appeals to the board of equalization

During the discussion on February 17, 2004, it was noted that this ordinance should be amended to limit the use of motions in board of equalization hearings. Also, the borough clerk requested that the ordinance be amended to require any party filing a motion to copy the other party with that motion. Otherwise, the borough clerk was forced to provide copies to all parties at the expense of the borough. The following amendment is proposed to address these concerns.

Amend Section 1 by amending the title to KPB 5.12.055 and adding a new paragraph E. The new title shall read 5.12.055. Record--Discovery--Motions--Written presentation--On appeal.

E. Except as provided below, all motions submitted by either party to the board of equalization must be submitted to the borough clerk in writing no later than seven days before the scheduled hearing. The opposing party shall have three business days to respond to any motion filed with the clerk. Any motion or opposition thereto must be accompanied by a certificate of service certifying that a true and correct copy of the motion or opposition was served on the opposing party by fax, person, or first-class mail at the last known address or fax number. The president of the assembly, or in his or her absence, the vice-president, is authorized to decide each submitted motion. The decision may be reviewed by the full assembly at the discretion of the president or vice-president, as appropriate. For good cause shown, including without limitation the bad faith conduct of the other party or new evidence which could not reasonably be obtained before the seven-day deadline with the exercise of due diligence, a party may submit a motion to the board no less than two business days before the scheduled hearing. In this instance, the president, or in the president's absence the vice-president, shall provide the opposing party with a reasonable opportunity to oppose the motion prior to issuing a decision.